Legal Question in Family Law in Idaho

Re: Obtaining Guardianship of a minor

Though I'm licensed in Tennessee and not in Idaho, the approach you would

use here and in most states would have the child's legal guardian initially sign a Power of

Attorney for Child Care (you can find a form to use at the following url:

http://www2.pair.com/cba/jesbeard/17a.htm You can find information on the form at

http://www2.pair.com/cba/jesbeard/17.htm AFTER that in most states you would go to

juvenile court in the county where the child has been living the last 6 months with an AGREED

ORDER prepared by a local attorney (agreed orders tend to be very inexpensive) and have

the local Juvenile Court judge sign the order transfering custody. That is it in most states.

Fairly easy.

Jes Beard

Jes Beard, Attorney at Law

737 Market St., Suite 601

Re: Obtaining Guardianship of a minor

I suggest you see a local attorney to assist you. A written power of attorney can be drafted allowing to have custody and still have the parents remain responsible. If such an agreement is drafted you should have adequate protection to maintain custody.

Gerald Hershenson

Law Office of Gerald M. Hershenson

506 Corporate Drive West

Re: Obtaining Guardianship of a minor

A proviso. I don't know the law of your state. In Ohio the one problem you may face with a power of attorney as opposed to guardianship is school enrollment. Many school districts will not allow non-resident (meaning not in the custody of a resident adult) to attend. This may not be a problem but if it is, either the probate or juvenile court should be able to help you file necessary papers.

By the way, the term "guardian ad litem" is a specialized term referring to someone who appears on behalf of a minor in any legal proceeding to which the minor is a party. It has nothing to do with custody.

Jonathan Schiff

Self employed

605 Rose Hill Ave